clearly this thing, this individual mandate, is a tax? >> reporter: jon, some democrats are saying they will take a win any way they can get it. they don't care what the court is calling it. but the white house is aware of the optics telling the american people this was a tax that wasn't presented as one when it was passed. white house spokesperson said it was a penalty, not a tax. that was put to white house's jack lou on "fox news sunday". here is how he responded. >> it was set up and not call a tax. there are powers that congress has and you can justify a law multiple ways. the court took that route. it was penalty. defined as a penalty in the law. something that people choose whether or not to be subject to. >> reporter: we'll see how many folks choose to be subject to it because there were a lot of folks outside the supreme court thursday we got the opinion, if it is a tax don't expect me to pay it. irs can come after me. jon? jon: what about individual states? the court opinion leaves wiggle room if those states

don't want to fully comply with the law. that coo have a big impact, right? >> reporter: it could because there is a large medunjanin qaed expansion under the law. but they can't be threatened with losing their current medicaid funding if they don't comply. that language had been around. here is what the court said in the opinion authored by chief justice john roberts. what congress is not free to do to penalize states that choose not to participate in the new program by taking away their existing medicaid funding that levels the question open, how many states will say fine, i'm not opting in? i asked governor rick scott of florida this weekend. >> every federal program ultimately cuts back and you create this dependency and then they cut back. just like what they did with the schools with stimulus and they cut back. we'll do the right things for our citizens. what is so frustrating about obamacare 2 was supposed to focus on the cost of health care. this did nothing dealing with the cost of health

care. >> reporter: florida does not plan to comply with the medicaid expansion. we're checking with other states. others are indicating they may go the same way as well. jon, shannon bream. it will be fascinating to watch. thank you. jenna: hundreds of people in the colorado springs area getting their first look at what is left of their homes after a massive wildfire swept you there the area. by the way that fire is still burning. 350 homes have been damaged. two deaths have been reported in the most destructive fire in state history. some evacuees are relieved to find their homes intact. others blocks away are simply devestated to find their homes reduced to ashs. meantime crews are making progress in beating back the flames. that is some of the good news we can report today. the waldo canyon fire which has burned more than a week now is half-contained. the colorado springs mayor and many evacuees are expressing dwrattude to crews that worked tirelessly around the clock to save

what they could. >> from our deck we could see flames in two directions. we're like, it's gone. >> our fire department stopped it. i said, mayor, i'm so sorry we've lost so many of our homes. it was a young firefighter there who also had tears in his eyes who had been up on the fire line that tuesday night. they had to retreat at one point, it was so horrific up there. he said, sir, we did the very best we could. jenna: joining us on the phone, red cross spokesperson. ann marie, we're in the business trying to show good pictures to help tell a story but sometimes those images are limiting. you were able to walk through some of these neighborhoods in colorado springs. what do they look like? >> well it really was just a, it was a rough day for a lot of folks returning home yesterday. we saw homes that had been completely destroyed, as you said, just left as ashes. next store there were homes that were completely fine. so, even as folks returned they might be coming home and seeing their neighbors really, really upset. they had survivor guilt.

it was a rough day. we were there with many of our mental health service outfits. give them hugs to help out. jenna: such a week for family this week, july 4th, the national holiday. what kind of support do these people need right now? >> well i do think they need the support of just being able to tell their story. i was chatting with one of our mental health services folks yesterday who said it is really important to tell the story and retell it. many of these people have been out of their homes for about a week now. and they did not know what to expect. so it was a pretty rough day yesterday. jenna: we and only imagine from afar. we're looking at some of the pictures from our screen. some of the firefighters said they had never seen anything like this. some homes you could see a shell of a home. other homes are nothing left, just the ashes. you mentioned mental health experts that are offering support. but folks that will be out of their homes for undetermined amount of time moving forward, what is the

red cross doing for them now? >> well the red cross really focuses in terms of sheltering on short-term sheltering. we'll be working with our partners to help folks find long-term solutions. we all work together as a whole with federal and state agencies and also with our partners. >> ann marie, we appreciate the work you're doing there. we'll continue to follow the story as you mentioned telling the story, sharing it is important at a time like this. thanks for the time today. >> thank you. jon: unrelated to these fires out west, fox news alert. a military plane crashes while fighting a forest fire in south dakota. that c-130 was dropping retardant before it went down. patti ann browne on the breaking news desk for us. >> hi, jon. a military spokesperson said it traveled from peterson air force base in colorado to help battle a 4500 acre fire in south dakota. the c-130 hercules tanker similar to this one made two

drop of fire retardant on the white draw fire before crashing 6 p.m. local time. the rapid city journal said three people were pulled from the wreckage and rushed to a local hospital. there is still no word on the their conditions and what caused the crash. a vehicle sparked the fire near edge month, 80 miles southwest of rapid city. according to an interagency government website the fire is 30% contained. it is burning mainly on u.s. forest service lapped but voluntary evacuation orders have been given for families living in five homes nearby. jon: patti ann browne at our breaking news desk, thank you. >> thank you. jenna: also. jon: this fox news weather alert. high heat causing major problems across the country. severe weekend storms blamed for the deaths of 17 people. two million people from the east coast to illinois are still without power in

sweltering heat as crews work to restore electricity. many in the washington, d.c. and baltimore areas told to work from home today because the commute could simply be too dangerous. blackouts mean no street lights and major mass transit delays. residents trying to pick up the pieces as storms tore their homes apart. one couple describing damage to their farm and a green house they have been working on. >> ripped front of the structure off into the top of the house is actually like peeled back. >> it is just a wall of sound. just with lightning you could see out here there were sparks flying up the hill. pieces of roof ripping off. >> these are really sound strictures and all the work we've been putting into it, it is really hard. jon: it was their fifth anniversary. and that couple spent the day cleaning up the mess. jenna: have you heard of a derecho. jon: i might have heard of it once but you don't hear of them or see them very often, thank goodness. jenna: that is what this storm is, a derecho.

that is what it was a straight-line windstorm. what it does it goes over a large area at a very high speed. it has the impact of a hurricane but without any warning. so just suddenly shows up and you can see damage that it causes. they're most active these storms during late spring and summer. they affect much larger areas than most tornados. they're also pretty rare as jon was mentioning. on average the country only sees six of them every year. we're thankful for that for sure. jon: wow, inkaedable -- incredible damage. straight line winds knocking out power to millions of people in the midst after deadly and brutal heat wave. heat advisories all over the place. look at the 99s and triple digit numbers. we'll get the latest from the fox weather center ahead. jenna: supreme court's landmark ruling on health care, did chief justice john roberts change his initial decision to strike down the law? we'll take a closer look at that. jon: plus it looks like a

blockbuster hollywood film. a asteroid obliterating a major city but these giant rocks floating out there in space really are there. we'll tell you about a private company that plans to try to find them so we can all be warned. almost tastes like one of jack's cereals. fiber one. uh, forgot jack's cereal. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, this is pretty good. [ male announcer ] half a day's worth of fiber. fiber one.

jon: chief justice john roberts wrote the majority opinion upholding president

obama's health care law. now there are new reports out there that say initially he sided with conservative justices and wanted to strike down the law but then, he changed his mind. and the justice kennedy widely considered the swing vote on the court reportedly lobbied the chief justice hard to get him back on the conservative side. let's talk about it with erin mcpike, national political reporter for "real clear politics". this is so fascinating because rarely do we get a window into the inner-workings of the supreme court. it is a very secretive institution but some reports are leaking out that the chief justice changed his mind. >> they are and it's hard to know from, we might never hear from john roberts himself about whether that's true or not because they don't really address the media and they are very tight-lipped. in one interview he did do several years ago he said he is very concerned with the public's opinion of the

court. i think that was a big key factor in this because so many democrats were saying, if the court is to strike down the law it would make the court look like a very political institution which is something that john roberts does not want. jon: right. he didn't want a 5-4 decision that made it look like the conservative wing, you know, against the more liberal wing. but you still wind up with a 5-4 decision with him having joined what is traditionally perceived to be the other side. >> that's right but he did it in a very tricky way and that he said that it was not constitutional under the commerce clause but is constitutional as a tax. and he also warned of course in not so many words but elections have consequences and it is not the court's job to sort of police the political actions and votes of the public. and i think that's a key thing there, jon. jon: because some conservatives are saying that, in many respects they feel that roberts handed

them a victory because he said that the commerce clause does not allow americans to, does not allow congress to force americans to buy things like insurance or, you know, or groceries or anything else? >> that is exactly right but now that he says it's constitutional as a tax, the key question is, whether or not congress can take this up and try to repeal it under the reconciliation process which means that the, a victory would be 51 votes in the senate as opposed to 60. i think that is the key. as republicans try to strike this down, strike down this law later, perhaps next year, might be easier for them to do so now that it is considered a tax. jon: well the senate passed it into law with just a 51-vote, 51 votes as a reconciliation, right? so why couldn't they undo it with 51 votes? >> that is the key question. that is what mitch mcconnell, the republican senate leader is trying to say that they

will do. i think we're not yet sure whether that will be the case or not. it is going to take some investigating to see it. it might all come down to what the senate parliamentarian says which we'll have to see later. jon: again it would have been fascinating to be a fly on the wall for all those supreme court discussions again supposedly, anthony kennedy working real hard to persuade the chief justice to change his vote. there must have been some fascinating dynamics going on there. >> absolutely. jon: erin mcpike, from "real clear politics". thank you. >> thank you. jenna: we were talking wither run in d.c. we're lucky we have power in our studios. jon: maybe it is emergency generators. jenna: millions are without power from d.c. all the way down the coast to the midwest. brutal heat bearing down in big swaths of our country. we'll tell you how those affected are trying to cope and what is3x ahead weatherwise as well. jon: it wasn't that long ago that asteroids slammed into the earth flattening more than 700 square miles of mostly timberland. now a group of scientists

want to make sure it doesn't happen again. we'll tell you what they are planning. hi. we're spreading the word about new honey bunches of oats fruit blends and their unique taste combinations. like peach/raspberry. with one flavor in the granola bunch and one on the flake. two flavors. in harmony. honey bunches of oats. ke your day hes better.

jon: a fox news alert. the boeing versus airbus competition goes on. airbus just announcing it will open a plant in alabama. airbus, a european consortium that competes with the united states's biggest exporter, boeing, this will be the first airbus plant in the united states. alabama, a right-to-work state. there has been a long-running trade dispute between the two companies. boeing long-complaining that the european governments subsidize the product that comes out of the airbus assembly lines. now apparently one of those

assembly lines is going to be in alabama. we'll keep you updated. jenna: 1,000 jobs, is that right? jon: that's what they say. jenna: that's pretty good. violent storms are causing major damage across the country and we have new video coming in from ohio to show you what it looks like this morning. the cleanup begins on uprooted trees and downed power lines and hundreds of thousands of people across the state are in the dark right now. some of them just got their electricity back when winds knocked it all out again. three people were killed in north carolina. thunderstorms moving in with little warning, bringing dangerous lightning. that set at least one roof on fire. elizabeth prann has more details from charleston, west virginia. elizabeth? >> reporter: hi, jenna. that string of thunderstorms that came through last night really crippling efforts for crews to get the power back to the millions stranded during those long, dark,ñ hot nights. in west virginia alone more than 440,000 still out of power but like you said three million across the region.

why is it taking so long for power crews to get the power back? not only because there are some people but also terrain. this side of the neighborhood has power. however this side doesn't. that is because these power lines go across a very deep ravine here. crews have to battle the heat like i said terrain and poison irv vie and dangers. people have to be very safe working on these type of lines. this is causing a ripple effect throughout the community. we saw people who need to fill up gas for their generators. obviously generators run on fuel. fuel comes from gas stations. gas stations out of power can not pump fuel to get gas to those folks. people are going to gas stations which are open. when they run out of gas, obviously that is a big challenge for people here. we spoke with one man who went to a number of counties in the state before he was able to get gas. take a listen. did you ever think you would need gasoline this badly? >> no, no i doesn't. we lost all of our food and all of our freezer meat.

now we're looking for a generator to try to keep anything left that we've got, you know, salvageable. >> reporter: salvageable. people are trying to get their food so it is not spoiled obviously. it has been in a cooler this entire time. they say throw that food away. we went to a staging area earlier today where crews are setting up to go across the state of west virgina. we know that the national guard is here. they have 200 men. they're doing wellness checks throughout the community. people who are elderly making sure they have enough supplies. red cross and fema are also on sight. jenna? jenna: elizabeth prann in west virginia, one of the areas affected by this storm. thank you. jon: millions without power means no air-conditioning and no refrigerators in brutally hot temperatures. at least 18 states under a heat advisory right now. meteorologist maria molina in the fox weather center. maria? >> good to see you. we're expecting more hot temperatures in the 90s and

triple digits for some. it will be cooler than it was this weekend like in atlanta are with you saw high temperatures breaking an all-time record, record for that city, 106 degrees. today we'll be in the mid to upper 90s. it can get dangerous out there. otherwise severe weather will be possible across portions of upper midwest. in the overnight hours we saw strong storms rip through the midwest and carolinas. most of the storms have dissipated. just lingering showers and downpours across northern portions of the state of alabama. the risk for severe weather will be across portions of the upper midwest as we get gulf moisture riding around a large area of high pressure that is producing the heat. that, sr. we will see the risk for damaging wind gusts and also some large hail. high temperatures, again it will be another hot day, today , tomorrow, as we head through friday. a low pronged period of time we'll be dealing with hot temperatures. raleigh, north carolina, 98 degrees for your high.

chicago at 95. st. louis expecting high temperature of 96 degrees. the other concern when you factor a little bit of humidity or a lot for some people especially toward the southeast it feels hotter. that is the heat index how it feels outside, that is what that measures. st. louis will feel like 100 degrees as you head out the door. 100 in louisville and 100 degrees is what it will feel like in the city of nashville. as we head into tomorrow, another scorcher. forecast to be 100 in st. louis as we head into tomorrow. chicago also. 5-day forecast, mid-90s a lot of sunshine and continuing to deal with heat across the parts of the plains, midwest, mid-atlantic and southeast, jon. jon: maria molina, those poor people that don't have power right now it will be dangerous. thank you. >> thanks. jenna: you might have thought with the supreme court ruling the whole health care debate was over. jon: finished. jenna: not really. the political battle lines are drawn around health care

even after the supreme court's ruling. what the white house and lawmakers on capitol hill both have planned. we'll take an in-depth look at the political fallout in a fair and balanced debate coming up. danger in outer space for real. asteroids heading straight towards earth. the massive damage that they have done before and what is being done to track them before disaster strikes.

>> you've probably heard a lot about reverse mortgages lately and frankly, it may all seem just a little confusing. and if you're anything like me, you want to have all the facts before you make any big decision. that's why i want to send you this free dvd about reverse mortgages. it'll walk you through the process, from qualification to counseling to closing and also,

answer some important questions. what are the costs and how do they compare to a traditional mortgage? how is the government involved? and what is your responsibility after you get your reverse mortgage? the answers are all in this free dvd. a reverse mortgage could be a smart, safe and secure option that could help you pay off your original mortgage, manage your health care costs or just cover your day-to-day expenses. so call this toll-free number and let me send you your free video right now. [♪...] jon: the supreme court has spoken but might not get the final word in the health care dedate. -- debate. the white house says bring it on. saying at this point voters just want to move ahead. >> i don't think the american people want to have

this debate again. i don't think they want to be pulled back to decades of debate to get to where we are. we now have a law. the law is constitutional. we should implement it. jon: but gop leaders see it very differently. house speaker john boehner is promising to try to repeal the law in its entirety. >> this has to be ripped out by its roots. this is government taking over the entire health insurance industry. the american people do not want to go down this path. jon: gretchen hamel is the executive director of public notice. chris cafinsa, former national communication director for john edwards presidential campaign. let's get a fair and balanced debate going here. gretchen, why are, the public opinion polls say only 6% of americans think that health care is the number one issue in this country. if people don't care about it that much, why is the white house and i guess democrats in general, why are they vowing to try to

keep the law in place? >> well, they're vowing to keep the law in place because they feel like it is a plus for them. they feel like this is something the country wanted for a long time. they were able to deliver on it. it was the cornerstone of their two years in complete control but the truth of mat ther is the majority of americans don't like it. if you look at what the top issues are, it is the economy, it is jobs and government spending. with health care being back on the front bunner it becomes all the same issues that were the front burning issues in the 2010 election. we know how that went. it didn't look for democrats. they could be facing this same sort of election in november. jon: chris, do you think this will be an issue that will cost democrats seats and maybe even the white house in november? >> i, i don't think so. to be honest i think it all depends who messages better and who is more aggressive in terms of making their argument. if you look, for example the republicans and the mitt romney campaign today, their story in terms of what

health care reform is and isn't has already gotten jumbled. for democrats, in particular for the white house, the look at key areas of health care reform, getting rid of preexisting condition bans, helping children stay on their health care, parents health care until the age of 26, filling the doughnut hole, these are things the american people like. if we get that message out and make that clear i think you could have this as a positive but at the end of the day, let's be honest, it will be about the economy. that will be the main focus of both of these campaigns. jon: chris, those are things that the american people like but you could have passed those things individually without the whole massive, what, 2700 page bill, right? >> not necessarily because i think what people would argue and people have made the argument without the individual mandate how do you pay for it? i mean at the end of the day that is the crux of the problem and that was the crux of the problem for mitt romney. this is reality where we are in terms of where people want to talk about the politics of health care. the romney campaign is in a

real bind. they can not criticize democrats and the president when it comes to health care reform because they passed the same health care reform in massachusetts. it is basically exactly the same. jon: well, but, gretchen, i guess it different to pass something on a state level versus passing something on a national level, something that the supreme court has now said is a tax? >> absolutely. he brought up a good point. this plan is unaffordable. we're $16 trillion in debt. we have no end in sight. we have a congress that find a way to do a budge or a will to cut away waste and fraud. how do we expect to pay for this? how do we do this? this is something we need to ask ourselves. the intentions were right to reform health care. we all need and believe health care needs reform especially cost to us on individually on personal basis but the country as a whole the taxpayers can't foot the bill for everything. jon: what about the replacement, chris? we heard chris wallace pushing mitch mcconnell,

repeatedly for republicans to give some kind of answer as what they would replace the health care law with. is that necessary? i mean if only 6% of americans are concerned about health care, and health insurance, are people really clamoring for what is going to replace it? >> well, i think the problem to me is politics 101. if you're going to criticize a policy, if you're going to make the argument that a policy should go away you have to have an alternative. i think the crux of the problems for republicans in terms of the health care debate their answers and solutions haven't been really valid or credible. i think you saw that with mcconnell's statement. i think it goes to a bigger point. john, in terms of comment about tax, eric fin symptom, -- finnstrom is mitt romney's advisor said it is not a tax. i greed with the argument this is a penalty. the american people will come november which side is right but it does not help the republicans given the

romney campaign's mixed arguments and messages. jon: gretchen, do republicans need to come up with an alternative if they are going to try to shoot down the health care law? >> yes the republicans need an alternative. there are popular parts are reforms that need to be made and reforms taken up in the bill that need to be. waste in fraud and medicare alone is 50 billion a year. that needs to be addressed. going back to what he said, whether you call it a penalty or tax, irs collects it, last time i checked they collect taxes. jon: gretchen hamel, chris, we'll leave the discussion there. thank you both. >> thank you. jenna: every april you wish they didn't, right? jon: that is, yes, every april. jenna: opponents of the nation's first proposed offshore wind farm off the coast of cape cod are accusing the white house of bullying the faa into approving that project. now the group opposing the project says they actually have evidence, they have documents proving the faa

buckled despite concerns the windmills would interfere with radar and low-flying aircraft. molly line in our new york city newsroom with more. >> reporter: hi, jenna. cape wind proposed the nation's first offshore wind farm more than a decade ago and construction has yet to begin. opponents of the project believe they found proof that the white house used political pressure to get this project approved. the alliance to protect nantucket sound obtained documents through the freedom of information act she believes are proof that the federal aviation administration fast-tracked project despite safety concerns that the more than 400 future bynes would be a danger to private and commercial aviation in the area. >> we have at the federal level and at state level a very, very, strong green agenda but this project is a perfect example of a green agenda at any cost and it absolutely deserves the scrutiny of a congressional investigation. >> reporter: florida republican congressman cliff stearns who led the investigation surrounding

the failure of the taxpayer supported solar company solyndra is actually calling for a probe. the white house dismissed stearn's latest accusations. cape winds spokesperson mark rogers says regardless of the concerns raised by proponents the project has been very heavily veted. >> despite that negative political pressure the faa has approved us three times after reviewing the full record twice in the bush years. once now in the obama years. and we're confident when they have this one more decision to make that we'll be approved again. >> reporter: the faa is again reviewing the project after the u.s. court of appeals overturned the agency's ruling last october that the 130 proposed turbines proposed no hazard to aviation. rogers believes the faa will rule once more in cape wind's favor regardless of political pressure from opponents. jenna. jenna: we'll see what happens in the next decision, molly, thank you. jon: i never took french, did you?

california says aurevor to faw grau. they are fanning the delicacy. many people packing restaurants across the golden state over the weekend to savor a little foie gras one more time. ban over appropriations of the involves force feeding animals. animal rights activists demonstrated outside several san francisco activists say they plan to challenge the statewide ban. jenna: my hometown of san francisco, always up for a good protest, they are. jenna: what are you going to do. hunting asteroids sound a lot like one of those old atari videogames, right? for one group of people it is their real-life mission to avoid a scenario like that. we're going to tell but the asteroid hunters coming up next. no agreement on how to stop the slaughter of civilians in syria. this photo capturing what

the horrible violence is doing to an entire generation of children. that little boy has the flags of the rebels painted on his face. he is marching in one city in syria the latest own efforts to end the bloodshed coming up last season was the gulf's best tourism season in years. in florida we had more suntans... in alabama we had more beautiful blooms... in mississippi we had more good times... in louisiana we had more fun on the water. last season we broke all kinds of records on the gulf. this year we are out to do even better... and now is a great time to start. our beatches are even more relaxing... the fishing's great. so pick your favorite spotn the gulf... and come on down. brought to you by bp and all of us who call the gulf home.

jenna: we have some great stories for you next hour. muslim brotherhood with one of its members is the newed of.

egypt. a major ally in the middle east. we'll look at a new leader and what it means for our relationship for that country moving forward. a millionaire disappears in florida. the bizarre case gets even stranger as his mother and his wife square off in court. that is never a good scene. we're live with that story. plus before you fire up the grill this 4th of july, we have the lowdown on the cost for all your favorite barbecue items, even beer, jon. that is for you. jon: nice. jenna: that is coming up next hour. jon: a nonprofit organization just announced plans to save the earth from asteroids. the b-612 foundation wants to map every asteroid that potentially could hit our planet. it has happened before, as recently as well, 1911 or so. an asteroid hit siberia. the impact, 1,000 times the force of the a bomb dropped on hiroshima. here is pictures of some of the trees flattened as a result of that asteroid

impact. the group says a larger asteroid could have devastating effects. the sentinel will be a 1 1/2 ton, 25-foot tall infrared telescope launched into space. it would orbit our solar system to map potentially dangerous asteroids that could impact the earth. let's talk about it with tom jones a former nasa shuttle astronaut, a fox news contributor and author of plan net technology, unlocking the secrets of the solar system. can think find these things and do something about them? i guess that is the harder part? >> no, jon, there is a good science behind the group. we need to get out into space to overcome the inefficiencies with ground based telescopes. we can only look at the sky at night on earth and telescopes on the ground have hard time looking closer to the sun where a lot of the dangerous asteroids lurk. we can never discover them in a quick pace. we need to go out to space

to have a better vantage point. jon: the orbit of this thing would be out there, way, way out there in the solar system, huh? >> we want to get on an inside track to the earth's orbit. something in the same orbit of venus would be able to look out past the earth. by having the inside track we'll race around the inside of the earth's orbit and be able to pick up asteroids faster than if we have to have our telescopes firmly on the ground here. jon: what are the stakes if we don't? this asteroid that landed in siberia or hit siberia about 100 years ago, it did a huge amount of damage. luckily it hit in siberia and hardly anybody was living there at the time, right? >> this is a natural disaster we actually know how to prevent. if we do the search and the warning and apply our space technology to prevent impact. we can't ward off the sudden wind storms like we had here in washington over the weekend. this is something we can change. so the real threat is there. about 30 times a year we have a hiroshima-sized

explosion in the atmosphere. fortunately the asteroids burst and disintegrate farther up well above our heads. a larger one can level a city. it happens every few centuries. we have technology to do something about it. let's get started. jon: what is the technology? it is one thing to send a tell cope to try to find these things. is it something else to alter their course to push them out of the way so they don't hit earth? >> we haven't rehearse ad deflection mission but well within things we've done in space. if you find asteroid you could tuck it out of the way with gravity tractor, park a spacecraft next to small asteroid and slam it with high velocity bullet to change its velocity enough to miss its appointment with earth down the road. last-ditch, nuclear explosion. that is very rare case you have to apply the technology. all are within our means if we do a search and demonstrate on a harmless

asteroid first. jon: how big do the things to be dangerous? we heard they burn up in the atmosphere. that is our protective layer. how big does one have to be? >> you have to be the size of 40 meters, like goal line to 50-yard line on a football field that will get through and cause an explosion on the ground. sigh sear yaw, luckily it didn't hit a populated area. if it was few hours late it might have hit london, or washington, d.c.. jon: a private foundation, not nasa doing this work. that is interesting. >> they will raise the funds privately, philanthropicly to buy us all asteroid insurance policy and donate the results to nasa and other space agencies. jon: interesting. tom jones, thanks. >> you're welcome. jenna: certainly is a big election year. already a big election year for mexico. mexico elected a brand new president. the winner, part of the country's former ruling party. very interesting dynamic.

we'll tell you about him and what it may mean for the growing drug violence south of the border of course so close to our home. iran making new threats against israel. new missile tests and new war games. this as an oil embargo kicks in within the last 24 hours. we have more on all of this coming up next. [ male announcer ] let's say you need to take care of legal matters. wouldn't it be nice if there was an easier, less-expensive option than using a traditional lawyer? well, legalzoom came up with a better way. we took the best of the old and combined it with modern technology. together you get quality services on your terms, with total customer support. legalzoom documents have been accepted in all 50 states, and they're backed by a 100% satisfaction guarantee. so go to legalzoom.com today and see for yourself. it's law that just makes sense.

jon: fox news alert from the world of tennis. top seeded maria sharapova is out at wimbledon. she was beaten by a 15th seeded german competitor. it happened in the fourth round. she lost, 6-4, 6-3. just a month after completing a career grand slam. maria sharapova, the world's

top female tennis player gets beaten at wimbledon. jenna: "happening now", iran making new threats against israel. one of their top military commanders threatening to quote, wipe israel from the face of the earth. if israel at taxing -- attacks its nuclear program. iran's revolutionary guard getting ready to test new missiles they claim could hirt american bases. this happening as a new embargo on iran can oil kicks in. we have a spokesman for the last four spokesman for the u.n. ambassadors to the u.n. what did we say exactly. one of their top military commanders threatening quote to wipe israel from the face of the earth. we heard that from ahmadinejad before in the 2005 he said that. will with this new round of sanctions anything change? >> i think one thing that is very clear that iran doesn't think things are changing. they clearly are feeling more brazen.

they're threatening more. they're saying they can hit u.s. military bases. i think we've got to take these threats very seriously. i think the second point is, their new brazen, attitude continues and it really means that the sanctions aren't working. the obama administration tried sanctions at the u.n. the bush administration tried sanctions at the u.n. the sanctions haven't worked. these new rounds the europeans are putting in as of yesterday i think we'll find the same thing. they're just not going to work and we have obama administration trying to undercut those sanctions because we find out that they have given 20 countries waivers so that they can continue to buy iran oil. so if we were serious about the sanctions we would say no waivers. jenna: just for our viewers to know the waivers are temporary and you have to say to the united states we'll reduce the amount of oil we'll buy from iran but not reduce it completely. rick, you mentioned something really important.

during the bush administration you found out sanctions didn't work. in an effort to learn from the past what can we do differently this time around to make them work? or is it not the way to go at all? >> we had five resolutions against iran. three with sanctions during the bush administration. this obama team has tried one resolution with sanctions. so in their four years they haven't kept the pressure on. i think first the answer is keep the pressure on. two, you have to be serious about these sanctions. you can't give waivers. you can't put them into place and then tell 20 of the top countries that are buying iranian oil that they can continue to buy iranian oil if they just lower their purchases. think that's wrong. you either got to do it or you have got to find another mechanism. jenna: all right. so that iran. we're watching this change in the middle east. also with syria. syria and iran are connected because they're allies. iranians support the assad regime. we saw this photograph, richard, of this little boy and you can just see the

expression on his face. we'll show that to our viewers. he is walking in a protest, in a town in syria. he has the rebel's flag painted across his face and his expression really can't be described. we have to think about our interests in the region not just today and tomorrow but 10, 20 years from now when this little boy is an adult. how do we even go about approaching the situation with syria now 15 months in? >> that's a very good question. as you point out it has been going on more than a year. i think that the united states can do a lot more. that doesn't mean military boots on the ground. no one is immediately saying that we have to go in with the u.s. military but there are a lot that you can do. you can really support a group that is one of the opposition groups. you know, there is agreement that there's not one that is the top group. well that's an opportunity for the united states to figure out which group would be best for us, which group would be best for democracy

long term. but we're not playing that game. we're allowing others to play. hillary clinton, our secretary of state, was just in again navy view this past weekend and the russians outmaneuvered her. instead of having a u.n. resolution or a international condemnation on assad asking him to step aside, we decided not to name assad and allow him to maybe be part of a future team. the russians outmaneuvered the secretary of state. i think this keeps happening. one of the ways we can help the people of syria is to be firm and consistent. right now we are neither. jenna: interesting to see those themes in your opinion, in both places syria and iran. nice to have your expertise. we look forward to having you both. >> thanks, jenna, emergency crews continue battling those wildfires across colorado and several other states. hundreds of homes destroyed in the colorado springs area. we'll get you a live report from the fire lines just ahead. in michigan fire much

less of a problem. some folks want to keep it that way. the state legalizing fireworks in time for independence day but that is not stopping local governments from dousing the holiday plans. hi, i'm phil mickelson. i've been fortunate to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel. enbrel can help relieve pain, stiffness, and stop joint damage. because enbrel, etanercept, suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu.

tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, whilen enbrel, you experice persistent fever, bruising, bleeding, or paleness. [ phil ] get back to the things that matter most. ask your rheumatologist if enbrel is right for you. [ doctor ] enbrel, the number one biolog medicine prescribed by rheumatologists. that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you.

so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, they help save you up to thousands in out-of-pocket costs. call today to request a free decision guide. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and you'll never need a referral to see a specialist. join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. jenna: coming up for you this hour a 17-year-old aspiring actress murdered, her body

dumped behind a stranger's house in her home down. who could have done this? what leads do police have to find her killer. we'll bring you up to date on that. stocking up for the 4th of july, how the struggling economy is giving some americans maybe another reason to celebrate at the supermarket. we'll tell you what you should expect to pay this year. how some michigan residents are turning up the heat on state lawmakers after they enact a new law allowing the use of more powerful fireworks, some communities now with their own restrictions. they don't like the state's laws. even in your hometown this holiday, which one do you follow, the state's, the city's or both? a question for the legal panel coming up. in the meantime we start off this brand-new hour with this news out of colorado, hundreds of homes burning to the ground there and firefighters still struggling to get the flames under control. we are brad you are with us glad you are with us, everybody,

i'm jenna lee. jon: i'm jon scott. half the hour 55% contained now. most of the affected homeowners have been allowed to return to their homes to assess the damage, but 3,000 are still being kept away. that fire is just one of many burning across the western states. adam housley live for us now from denver. adam. >> at one point 32,000 people were evacuated from the fire at colorado springs on the western age, down to just 3,000. while they say 55% containment firefighters have a very good handle on the fire right now. the only place they are watching closely are areas that are very difficult to get to whether on foot or even if you're in an aircraft. while the good news continues with this fire there are fires burning across the west. california fire season hasn't really begun yet. we put together a map together. utah, montana, yeah ow wyoming,

new mexico and nevada. a fire burned, a small one, and it moved quickly. it flew through some of the areas very quickly. >> when the winds were very high it was kind of neve nerve-racking. >> it started at that end and was quickly at this end with that wind. >> you can hear those kind of comments from people across the west as the drought continues to playin plague this reason. a local resident in the waldo canyon fire. fire was given a camera, he went in and videotaped his home. he lost everything including his truck. 300 homes destroyed just from this fire, all told in colorado

more than 700 homes have been destroyed this year in the fire season. there is cautious good news. normally we are told at this time of day it's middle 80s, now it's the high 70s. temperatures have dropped significantly. humidity has come up. we had a few small rain storms yesterday. the monsoons will come soon, they hope this weekend they can get precipitation. that will be most welcome here as colorado deals with a difficult fire as well as montana and the other states we talked about, jon. jon: the afternoon rains would be welcome. thanks very much. jenna: speaking of mother nature, mother nature also leaving its mark across the mid-atlantic. storms killed at least 17 people leaving more than 2 million others without power in the middle of the dangerous heatwave they've been experiencing, all of this from a series of violence storms tearing across

nine u.s. states and also tearing across our nation's capitol. we usually find our chief congressional spor correspondent mike manual at the capitol but not today. >> it's been unbelievable, a rough 72 hours for folks in the greater washington area this complex behind me 179 apartments evacuated since late night friday night. when the storm hit it took the roof off and exposed about 12 apartments or so. the debris came flying down here, and you can see some of these cars behind me as martin pans over, you can see some of the debris from the roof blue out the windows. fortunately nobody was in the cars at this time. the residents were told they cannot come back here because there are concerns about damage and when power comes back whether it will be shorts and perhaps a risk of a fire. we have video we can show you of debris cleaned up a while ago. these are scenes we are seeing all throughout maryland, d.c.

and virginia. i've been out driving for the past few days and everywhere you go you see power lights are out, you see trees down, people being rerouted, some people deciding to go through four-way stops without stopping, and so you really take your own risks here. the folks here have been rerouted to a nearby high school for shelt t*er. as yo shelter. the temperatures are blistering hot. we will be in the mid 90s for the rest of the week. people here looking for water, a little bit of shade and to ride it out the best they possibly can. i can tell you from calling the local utilities, they are reluctant to give you an exact timetable of when power is going to be restored: i was calling to check on my own home where power has been out since 10:00 friday night. they say they don't want to give an estimate on timing. the psychology seems to be if they promise a certain time and they cannot deliver people will

get frustrated. we've seen it here and throughout the washington d.c. area people are trying to keep their cool during very difficult times, jenna. jenna: tough timing of course with the holiday week and with the weather as you mentioned, mike. its certainly not getting any cooler, at least right now. mike emanuel live for us in maryland. thank you very much. jon: new information out of mexico for you. the candidate for the country's x ruling party declaring victory today. nieto winning the presidential election representing the pri party. that marks a return to power of that party for the first since the year 2000 after it dominated mexican politics for more than 70 years. the party is accused of having close ties to the drug cartels. william la jeunesse is streaming live from mexico city. william. >> reporter: well, jon, yesterday's win represents a remarkable come back for the party and the candidate. when this campaign began when

asked three books that influenced his live pena-nieto went silent for three minutes and barely answered the question. he recovered to become mexico's 19th president. the 14-year-old is a pragmatic, establishment politician who met with u.s. politicians in washington and new york. he promises new trade. open the oil companies and supports comprehensive immigration reform for mexicans living in the u.s. illegally. he is a former governor who campaigned with his actress life. celebrities, the brad and angelina of mexico. televisa they say unfairly put them in office as casting nieto as the new case of a a ruthless and corrupt political party that ruled mexico with an iron fist until 2000. 12 years ago vincente fox arrived at the presidential palace wearing cowboy boots,

promising changes after 71 years of one party rule. a decade later voters are divorcing themselves from the fox calderon experiment and appear to be reembracing the party of their past. >> it's going to mean that the u.s. and mexico have to dee deepen their ties. develop those institutions and have to work closer. >> reporter: as for the drug war u.s. officials fear that nieto will return to the free practice of cutting deals with the drug cartels that they would basically allow and not interfere with trafficking in exchange for less violence in the streets. no one basically is saying that is true, but that is the nearby u.s. officials, and nieto was very vague during the campaign, jon. the 50,000 deaths were very unpopular. u.s. officials are saying, hey he's bringing in columbians to train his troops, that's a good sign, but it's time for the

president to prove that the u.s. is wrong and he's a good partner. back to you. jon: thank you. jenna: americans getting ready for the 4th of july are finding not season to celebrate potentially at the supermarket. the price for burgers and hot dogs, we want cheese on that burger by the way, that is also a lot lower when you look at prices. chips, potato chips and beer also down. the price of hot dogs are down about 41%. beer a little bit lower than last year down 2%. that counts, right? jon: how about propane? i ran out of propane last night grilling my burgers. jenna: overall according to a special big incite analysis the average cost for a holiday barbecue is down a few dollars from last year, just over $59 when you go to the supermarket. let's ask phil flynn about this. he's live on the floor of the chicago mercantile exchange. phil, jon was asking me about his propane. i'm looking at lighter fluid is

actually up a little bit, maybe you don't get the good jump there. >> actually the propane should be down, because it's very much tied to natural gas prices, and believe it or not when they are fracking for natural gas they get some propane along witness i. would say the propane prices are pretty cheap there. basically forget about the ca ccharcoal this 4th of july and go with the propane. >> why are all those food prices lower this year? >> well, basically because we had a drop in demand for meat overseas. we had a huge drop in the cattle and the hog market earlier this year. because of the drought what happened a lot of the farmers brought their cattle and hogs to market earlier because it became too expensive to feed them. we had a lot of that come into the marketplace. the market is very well supplied f not over supplied this year. the other thing is, believe it

or not the hot temperatures that we've had for most of the month has really hurt beef and pork demand, people don't feel like grilling when it's 100 degrees unless it's the 4th of july. jenna: i guess that is a good point. it does affect what you eat. in general does it look like the prices will stay low and get lower for the rest of the year or do you expect something different? >> i think on the beef end it's probably going to end up going back up because of the drought they got rid of a lot of animals, they brought them to slaughter. that means tighter supplies down the road. i think if you look at the big picture on some of the other commodities, like cotton, oil, some of the other major staples that we talk about, orange juice, things like that, barring any weather phenomena we could be entering a new era of lower prices for a longtime. we talked about the commodity super cycle, china buying more of everything and we would never be able to keep up with demand. the economy slows here in the u.s. it slows over in china and all

of a sudden you go from an under supply to an over supply and that should keep some downward pressure on price. jenna: you touched on this a little bit, what do the lower prices really tell us about the economy? it might be good for us if we are feeding our family, what is the message overall. >> i think it's a good news bad news. the good news is the prices are down that will help the average family and may even stimulate the economy. the bad news is that the world hasn't experienced that kind of rapid growth that is going to put us all back to work. so there is a balance here right now. believe it or not short term i think it's kind of bad news because the economy is still struggling, but part of the healing of the economy sometimes comes when these prices get lower, that is part of the equation and it helps starts healing the economy overall. jenna: what do you grill up for july 4th, just curious? >> what do i grill up? anything, hot dogs, burgers, cheeseburgers, it depends.

jenna: phil, thank you. >> i'll soak a couple of brats for you and the beer. jenna: jon will take it 100%. >> there you go. jenna: thank you very much. jon: a convicted killer comes up with a devious plan to take his own life, how he hoped to fool police into giving him a deadly doze of somethin dose of something that would kill him. the mysterious disappearance of a millionaire sparks a family feud. who is fighting and what is behind this dispute? [ kate ] most women may not be properly absorbing

the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jon: new info in crime stories we are keeping an eye on. the university of kentucky getting the all clear for classes to resume after an early morning bomb threat. campus police say the law school hr-rpl closed for now but there is nothing to worry about. one of two men on death row for a horrific connecticut home invasion said he came up with a

bizarre plan to end his own life. in an interview steven hayes seen here says he planned to trade police information on my crimes for food, including oysters, to which he is deathly allergic. obviously that plan did not come to fruition. a phoenix man reacting to a guilty verdict apparently takes his own life. 53-year-old michael marin collapsed in the courtroom after swallowing something when the verdict was made. he was facing 21 years in prison after burning down his house after struggling to make the store gage payments. an autopsy is being conducted to determine the cause of his death. jenna: breaking news in florida on a bizarre case of a missing millionaire. police are searching for clues after his boat ran ashore with the lights on, and the engine running. now his relatives are locked in a bitter court battle overall his assets. phil keating is live in fort lauderdale with the latest on this. phil.

>> reporter: well, 31-year-old multi-millionaire guma aguiar took his boat out two years ago the seas were rough, a small boat advisory was in effect. six hours later his 31-year-old fishing boat washed ashore on this beach, on board no guma aguiar, his wallet, his cellphone they were there, and both engines were running. did he fall overboard? did he stage his disappearance? nobody knows. >> i love you. >> reporter: the former oil and gas tycoon sold his company a few years ago for $2.5 billion. he had a $5 million house, a 77-foot yacht as well as a fleet of sports car. the married man with four children also owned parts of israel pro soccer and basketball teams, but he also suffered from severe bi-polar disorder this. last videotape of him shows him walking around his house, smoking cigarettes and heading

out on the boat. fort lauderdale police say the tied bar connect the boast's two engines was broken which could cause a person to fly overboard. within days of his disappearance his wife jaime and mother ellen both began legal action to take control of the reported $100 million in assets. with his wife crying in court, attorneys for the two women in his life accuse each other of greed for the fortune for a man categorized just for now as a missing person. the mother claimed that the wife was actually initiating divorce the night he disappeared. >> aguiar had a conversation with his mother where in he told her he was just told by his wife that she would be filing for divorce in the morning. >> ellen aguiar over here has been on the gravy train for

years. >> reporter: if aguiar did fall overboard or committed suicide his body easily could have been caught up in the fast-paced gulf stream and the body then could have been taken up the coastline heading northbound, perhaps never to be found, or this all could be an elaborate disappearance so that guma aguiar could get away from everything. he was also involved in a bitter legal feud with his uncle over control of the assets again at this point it's just a disappearance. there was no signs of trauma on that boat. if he did pull off a disappearance he could be anywhere around the world at this point. it's a mystery. back to you. jenna: it certainly is. you think money solves all your problems, right, phil? there might be some interesting twists here. more as we get it, thank you very much. jon: a beautiful young aspiring actress found shot to death behind a stranger's house. who killed this 17-year-old girl, and what are the neighbors

telling police? plus, they are a festive holiday display, especially this time of year, so why are some michigan residents trying to ban the use of fireworks in upcoming independence day celebrations? so anyway, i've been to a lot of places. you know, i've helped a lot of people save a lot of money. but today...( sfx: loud noise of large metal object hitting the ground) things have been a little strange. (sfx: sound of piano smashing) roadrunner: meep meep. meep meep? (sfx: loud thud sound) what a strange place. geico®. fifteen minutes could save you fifteen percent or more on car insurance.

teenage girl is found murdered behind a stranger's home. friends say 17-year-old claudia hidick dreamed of an acting career, the murder leaving everyone who knew her in utter shock. patti ann brown in the newsroom. >> reporter: she was found dead last week about eight miles from her home. she had a single gunshot wound to the head. texas authorities have no

suspect or motive in what they are calling a homicide. a man called 911 shortly after 6:00 thursday evening to report finding the teen's body behind his house. police say the back door of the man's home appeared to have been kicked in. police are not identifying the man, but he has reportedly stopped talking to investigators. he told police he did not know claudia and he is not considered a suspect or person of interest in the case. police did get a warrant to search that house. they say they are also interviewing witnesses, family and friends. she was reportedly a bosnian from germany. her older sister says she finished her junior year of high school. her foster parents said she was a beautiful young woman who planned to attend college and become an actress. if you have any information please call the number on the screen. jon: strange story. thanks. jenna: just in time for the 4th of july folks in michigan are fuming over a new law that allows a more powerful category of fireworks to be sold and used

in the state. still consumer grade, just more powerful than past fireworks being sold. lawmakers say the fireworks are a good way to boost the economy and will only be allowed during the holiday at very specific times. some residents and local officials worry about, quote, pyromaniacs terrorizing their communities and they are setting up their own ordinances to prevent the use of fireworks. we have our panel here to discuss this. a lot of us in our communities, there are state laws, city laws, county laws and we don't know what to follow. let me start with you. one mayor in warren, michigan says that the state law encourages pyromaniacs. they scare everyone with loud explosions. he's worried about that. >> you can't scare the pets.

>> the pets don't count in. >> we don't want fido hiding under the bed because someone is light off a bottle rocket. maybe it's the spirit of the 4th of july but i applaud michigan here. if you look at the shift we've had in the last few years in the country from west coast, east coast right here to new york city it's toward this sort of obsessive nannyism, it's law after law telling you look you can't ride a bicycle without a helmet. you can't drink more than a 16-ounce can of soda. fireworks have a history not only in this country but throughout the world of being a form of expression, where the common folk, people like you and i, you know, could get out there and light off our bottle rockets and roman candles. >> i like the sparklers. >> michigan lawmakers say there is a real reason for this. they say it's not just patriotism it's the fact that everyone was driving out of state to go buy fireworks. they said we going to do it in the state and get the money for

it. >> and they are getting the money. the issue is quality of life and public safety concerns and that's where these local ordinances are coming into play. they say you know what we have this state law, it's very broad we want to put additional restrictions. okay you can pop off some pyromaniacs in your backyard, don't do it within 30 feet of someone else's home. minors cannot purchase fireworks. you need adult soup sraoeugs. if you'rsupervision. if you're going to have minors using these you need supervision. jenna: that's where some of the local governments are coming into play. they say they will come and ticket the parents if they have the kids setting off the fireworks or have kids with the fireworks they shouldn't have. if you're a parent it could get a little confusing about the state law which says you can set off fireworks the day before july 4th which is michigan state law right now and maybe your local town says no you can't do anything until the 4th at the night in the schoolyard with the police there. so as a parent, how do you navigate some of that stuff? >> i think it comes down to

probably a question of not relying on your local government or your legislature. but actually being a parent. while i'm supporting the right of our freedom to bear fireworks on the 4th of july, you know, no one is advocating having 3 and 4 years old running around with mortars. i think you can probably apply real common-sense logic to this to make this work and you don't need layer upon layer of legislation. part of living in a free society is recognizing that people have the freedom to make choices that may be dangerous, that some may disagree with, that may to some extent infringe on the rights of others, but it's a question of where do you draw that line? >> unfortunately, though, tom shall, the 4th of july is the time of the year where there are the most injuries from fireworks and things of that nature. that's why these laws are there and that's why the limits are there. unfortunately some parents they don't supervise their children as much as the neighbors would like them to. >> my only issue with that -- i agree, everything in the wrong

hands can be dangerous, but you can use that logic to justify almost any law. i mean we can ban alpine skiing, horseback riding. i would guesstimate that those activities, which people generally don't look to the legislature, probably take more -- claim more life and limbs than fireworks. jenna: it's the fireworks today but you're concerned about other activity. do you think that is a real concern, faith about other recreational activities. >> i think fireworks when you look at the number of injuries that are caused by these, people are not trained, they use these explosives once or twice a year, they are not trained, they don't know how to use those. that's why it's important you have those restrictions. jenna: i see tom, he says, i'm trained, faith with her sparklers. >> no skiing and skateboarding claim many more limbs than fireworks. jenna: we are asking the question how dangerous are fireworks. we have interesting facts we wanted to share with you our viewers on this.

in 2010 more than 80% of all fiery lated emergency room visits involved fireworks that were approved by federal regulations. they were allowed, they caused injuries that made folks go to the er. more than half of all the visits were caused by sparklers. and other smaller hand-held fireworks. just because they are sparklers you have to be careful. jon scott that means you. i can just see you with the sparklers on the 4th of july. jon: i love reply sparklers. jenna thanks. china and russia notorious for trying to block sanctions on iran, so why is the united states granting waivers when it comes to iran? who benefits from all that. we'll get into it coming up "happening now." okay, team! after age 40, we can start losing muscle --

8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

jon: fox news extreme weather alert for you now. another blistering day across much of the country with sweltering temperatures baking states from the plains to the east coast. all that heat scorching humidity in the atmosphere could unleash more severe storms across the mid-atlantic, producing severe thunderstorms and hail and damaging wind gusts. meet roll glist janice dean is live in the fox extreme weather center. jd. >> are you ready for records here? look at these temperatures. these are all-time records. not just daily events of the these are the hottest of

all-time. most of cities tying. these are the types of temperatures across the desert southwest. 109 for columbia, south carolina. atlanta, georgia, you broke an all-time record of 106. that tells the story. with the severe weather across the mid-atlantic, that situation is compounded by the fact that we have heat indexes well over 100 degrees, what it feels like with temperature and humidity. today's heat index that is the temperature with humidity. will feel like 100 across louisville. 93 in d.c. 102 in columbia. unfortunately the heat will stay in place for much of the work week. it will feel like 95 in d.c. again where thousands upon thousands of people are without power. 97 in raleigh. 102 in chicago. this is the story for much of the work week. heat advisories up for close to two dozen states again. heat and humidity combine from 100 to 110 degrees across the southeast as well. this will be the big story

as jon mentioned. we could see the threat for severe weather again today mainly across the upper midwest. large hail, damaging winds and isolated tornados. we'll keep up to date on all the latest advisories as they come in to us, jon. our hearts and prayers go out to the folks suffering woith heat and power unbelievable. jon: unbelievable the size of the area affected by that storm. >> we're talking about a hundreds of thousands of people without power. 2 just hit on friday and unfortunately it will last for the next several days into the july 4th holidays at least. jon: like a hurricane. janice dean, thank you. >> okay. >> if you're hitting the road today gas prices are hovering right around an average of 3.32 a gallon nationwide. that is down 25 cents from last month. the big question for gas prices not only our economy but what happens on the world stage. one of the things we're watching on oil prices is the tough new sanctions that

hit iran yesterday. the hope that these sanctions will force iran, the regime there to end their nuclear program. however iran's oil market isn't completely closed off. this gets a little complicated. one of iran's biggest business partners is also one of our own. that is china. gordon chang is the author of, the coming collapse of china. we want to talk to you about whether or not these sanctions will work if china is not on board. will they? >> well, they won't because china is iran's largest oil investor and customer and clearly the chinese have been ramping up their purchases of iranian oil. in april, they increased it by 48% over march, and in may they increased oil purchases by 35%. so china is coming to iran's aid as these european oil embargo that you mentioned that started yesterday kicks in. so china is he is are -- rescuing iran. jenna: gordon let me ask you about this the waivers

handed out by the obama administration. they're supposed to go to countries that say, listen we're not cutting off iran complete by but we'll lower the amount of oil we purchase from iran. china got one of waivers but how did they get the waivers while increasing their purchases? >> that is inexplicable. those numbers official from chinese custom authorities. iran has been sending surreptitious oil to china. iran is turning off tracking devices on its tankers. and they have been reflagging their ships in mid ocean. these surreptitious shipments ended up in chinese these ports. it was wrong to grant a waiver to china because china is ramping up purchases of iranian products especially oil. jenna: we don't know how much oil is going to china if some of the techniquess are being used as you mentioned, gordon. what comes up with china. we don't want to get in a trade war with china. because our economy depends

on cheap products china gives us. what do you think of that type of argument when it comes to something like iran and this situation with the purchases of oil products? >> well, china needs us much more than we need china. last year 190.5% of china's overall trade surplus related to sales to the united states and with problems in europe, china is relying more on the u.s. this year. you've got to remember also, that the chinese economy is basically flat-lined right now. it is actually worse than ours. so china is really dependent on the american market. we schuss use that leverage. i know that is a drastic thing to do but on the other hand using force in the middle east is so much worse. jenna: tell us what you think would actually change in china? what would actually make the chinese come to our side and to be tough when it comes to iran and just stop purchases all together? >> well, if we didn't grant the waiver or if we retracted the waiver which we should because of these surreptitious shipments the

chinese would sit up and take notice. and so would the iranians. got to remember that on a couple days ago the iranian plead yaw said because the u.s. grant ad waiver to china the united states was help he's are in dealing with iran. so the iranians will not be cooperative in the discussions we've been holding with them over the last few months. what we really need to show is act of will not only to the chinese but more important to the iranians. jenna: interesting how perceptions change depending where you are in the world. we know another round of talks is going to happen this week between iran and some of the world powers. so we'll see what comes out of that, gordon. nice to have you as always. thanks for the time today. >> thank you. jon: there's a fascinating new tone to the mainstream media's coverage of the supreme court these days. have you noticed? ever since the surprise decision by the supreme court chief justice john roberts, the conservative chief justice, is suddenly the darling of liberals. what the coverage tells us

about the state of the news.

jon: new reaction still pouring in after the supreme court's surprise decision on president obama's health care law specifically chief justice john roberts who sided with the liberal justices on the high court to validate the law. so, how are the media covering this landmark ruling? let's bring in our "news watch" panel. alan colmes, host of the alan colmes show. rich lowery the editor of "the national review" and a fox news contributor. alan, many liberals did not much care for john roberts until this ruling. all of a sudden he is the best thing on the supreme court since sliced bread. is that how you see him? >> no. listen, the legacy of a supreme court and a justice is more than just one decision. more than just one moment of time. and john roberts is very young in his work on the

court has many years to go. we make a mistake to judge any justice by one particular decision. i know conservatives conversely are going after him, attacking him. one called for armed resurrection before he took it back. the court is not supposed to be a partisan court. supposed to not judge whether a law is good or not but whether or not it is legal and that's what john roberts did. jon: rich, let me read for you part of the opinion that justice roberts wrote when he sided with the liberals because some say it is a very conservative opinion. we have it on the screen here, i believe. he wrote, the framers created a federal government of limited powers and assigned to this court the duty of enforcing those limits. the court does so today but the court does not express any opinion on the wisdom of the affordable care act. under the constitution, that judgment is reserved to the people. what do you think about that, rich? >> well, i mean that is all fine and correct and in

isolation is absolutely true. the problem here, jon, in order to uphold the law he went in and rewrote key sections of the law. he redefined the mandate as a tax,ing noring about nine decades of precedent in how the court considers these matters. then he rewrote the medicaid provision and i created a new law that probably would not have passed congress. if you had had congressional democrats have to admit this thing is a tax on lower middle class people without health insurance, it probably would have never passed congress and none of the democrats will admit now it is a tax. ironically and i think perversely, jon, under the guise of judicial restraint he rendered an activist decision that rewrote the law and it is not his role to be the 101st senator, what i sphere, although i can't prove it, part of the motivation of this decision was playing to the media and knowing that liberals would want to erect practically a new memorial, a monument to

him on the mall between the lincoln and jefferson memorial. three op-ed pieces, separate op-ed pieces praising him in one newspaper, "the washington post" yesterday. >> whenever a conservative does something or anybody does something on a court that one side doesn't like, that side calls it an activist judge. an actist judge is does something that the other side doesn't like. whatever he was going to do somebody would call him an activist judge. not the role of the court, once again, this is key, to be partisan, to always vote conservative, to do whatever conservatives want in legislation. >> of course not. he rewrote the law which is the very definition of activism. he sat down, he is a talented jurist and decided this thing is constitutional under the commerce power. i would probably disagree with him but that is legitimate judgment. rewriting the law is not the role of a supreme court. >> we we have to disagree what he rewrote the law. >> here he said it is tax. >> legal in this way. the court determines it is a

tax. even though both the obama white house and now the romney campaign is saying it is not a tax although romney called it a tax when it was romneycare in massachusetts that becomes neutral during the campaign. >> no, no. jon: hold on just a second. in the coverage though, rich, some conservative analysts are saying look, what the chief justice did is quash for all time the idea that you can employ the commerce clause to force americans to buy something. that did not pass under this ruling and by calling it a tax, he makes it possible for a future senate to overrule the thing, to throw it out on a 51-vote majority s that possible? >> what he gave with one hand he took away with another. i don't think it has a lot of meaning to say you can't compel people to byproducts under the commerce clause when you turn around and say okay, but under the taxing power it is just fine. the key question whether the federal government has so-called plenary police

power to reach into individual lives and in that manner or not. and he went through verbal gymnastics to say yes it could despite all the verbiage conservatives like. draters of awe still don't believe it is a tax. someone in the lower court, this was adjudicate alot before coming up to the supreme court. might have said it is a tax. no one did. he had to ignore the precedent how the court interprets these matters to come up with convoluted logic. >> if he said under the commerce clause the government can force you to buy a certain product conservatives like yourself would also be say how dare the government force us to buy anything under the commerce clause. you would have the same reaction if used commerce clause to justify the law. >> let me be make the distinction. i would have disagreed. i wouldn't cause him to activism. even liberals say, no, no, when the congress pass as mandate, and a penalty, to

turn around and say, sorry, guys it is actually a tax. when congress passes the medicaid requirement on the states, no guys, you actually didn't pass a requirement, you passed optional expansion of medicaid that is changing the law. that is not what we have a supreme court for. >> forcing you to buy something under a commerce clause would be a radical departure and a change and you would have to say for the first time ever under the commerce clause the government is saying you must purchase a tick lar product. i can't imagine that would not be the -- >> wouldn't be rewriting the law that is the key thing. jon: that is the kind of discussion going on all over america. thank you both. we'll be right back. >> thank you very much.

jenna: we talked a lot about the storms on east coast and midwest. certainly put a lot of pressure and a lot of folks,

people feeling on edge, we don't know for sure, but might have been a factor in the latest exchange between new jersey governor chris christie and a reporter during a news conference this weekend. patti ann browne has it for us in the newsroom. >> new jersey governor chris christie was holding a press conference at a water treatment plant this weekened. the topic was a storm related emergency at the plant in monmouth county and reporters were told to keep their questions on topic. but one reporter asked if christie was going to address the state legislature in the midst of his budget battle with lawmakers. christie has called a special session in trenton but he did not want to talk about that at this presser. hear is the governor's response. >> did i say on topic. are you stupid. on topic. on topic. next question. good, thank you, thank you all very much. and i'm sorry for the idiot over there. take care. jenna: christie is known for his brusque style. jenna, he has a history of speaking his mind with reporters. jenna: at least you know

where he stands, right? >> always know where you stand with him. jenna: black and white on that. patti ann, thank you. >> thanks, jenna, major developments for the u.s. olympic track squad. two american sprinters locked in a virtual tie for a spot on the team. look at this photo finish. they will settle the dispute the old-fashioned way. we'll explain, next. [ male announcer ] don't miss red lobster's four course seafood feast,

st $14.99. start with soup, salad ancheddar bay biscuits then choose one of 7 entrees plus dessert! four perfect courses, just $14.99. come into red lobster and sea food differently. [ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high.

i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge!

jenna: major new developments regarding our u.s. olympic track squadding. there was a photo finish for third place about a week ago. this is in the women opens 100-meter final. top three get to go to the olympics for this event. both are competing to claim the last spot on the u.s. team and they've decided to settle it on the track. a runoff is scheduled for later today. this is big news, because, jon as you know there were different ideas, how are they going to settle it, what are they going to do. one solution was a coin toss. they would each pick a side and

toss a coin. bill: cn. jon: i like the solution they picked. are you going to challenge them? jenna: they are crazy fast, ridiculously fast. it's fun to see the team so many together. jon: i was watching some of the try outs yesterday, oh, man. any way we hope you enjoy the rest of your day, thanks for joining us. "america live" starts right now. megyn: fox news alert, a new report about a private phone call from president obama to big-time democratic donors giving us new incite this afternoon into campaign cash worries for the president's pow irfull re-election machine. welcome to "america live," i'm megyn kelly. the report coming from the daily beast raising new questions about fundraising anxiety within the obama campaign. in a conference call made late friday from a special campaign phone on board air force one the

president reportedly complained about mitt romney's fundraising, warning that governor romney could become the first man to raise more than the sitting president in modern history. in the latest numbers the obama campaign suggesting that it has been out raised and is in danger of being out raised again in the month of june and july. joining us now, chris staoeur wall. he's our fox news digital politics editor and host of power play on foxnews.com. the president was out earned. mitt romney earned more than he did in the month of may according to the reports, and apparently there is a bit of anxiety in the obama re-election team, among them that this could be a trend that could continue over the summer months. >> well it's not just, megyn, that the president was out raised by mitt romney, it was the fact that the president had a cash deficit for the month, that he spent $5 million more than he took n. the reason that is troubling